Skip to content

Advocatetanmoy Law Library

Encyclopedia & Legal Research

Afghanistan Albania Algeria Andorra Angola Antigua & Barbuda Argentina Armenia Aruba Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda Bhutan Bolivia Bosnia & Herzegovina Botswana Brazil British V. Islands Brunei Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Carrib. Netherlands Cayman Island Chile China Colombia Congo DRC Congo Republic Costa Rica Cote d’Ivoire Croatia Cuba Curaçao Cyprus Czechia Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El alvador Estonia Ethiopia Fiji Finland France French Polyn Gabon Georgia Germany Ghana Gibraltar Greece Grenada Guadeloupe Guam Guatemala Guernsey Guinea-Bissau Guyana Haiti Honduras Hong Kong Hungary Iceland India Indonesia Iran ​Iraq Ireland Isle of Man Israel Italy Jamaica Japan Jersey Jordan Kazakhstan Kenya Kosovo Kuwait Kyrgyzstan Laos Latvia Lebanon Liberia Libya Liechtenstein Lithuania Luxembourg Macao Madagascar Malawi Malaysia Maldives Mali Malta Martinique Mauritius Mexico Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar/Burma Namibia Nepal Netherlands New Caledonia New Zealand Nicaragua Niger Nigeria North Macedonia Northern Mariana Islands Norway Oman Pakistan Palestine Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Puerto Rico Qatar Réunion Romania Russia Rwanda Saint Lucia St Vincent & Grenadines Samoa Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia Somalia South Africa South Korea Spain Sri Lanka St. Kitts & Nevis Sudan Suriname Swaziland Sweden Switzerland Syria Taiwan Tajikistan Tanzania Thailand Togo Trinidad & Tobago Tunisia Turkey Turkmenistan UAE U.S. Virgin Islands Uganda Ukraine UK United States Uruguay Uzbekistan Vatican City Venezuela Vietnam Yemen Zambia

  • Home
    • SITE UPDATES
  • Constitutions
  • Dictionary
  • Law Exam
  • Pleading
  • Index
  • Notifications
  • Indian Law
  • Articles
  • Forum
  • Home
  • 2020
  • February
  • 10
  • Judicial independence meaning of
  • Judicial Dictionary

Judicial independence meaning of

2 min read

© Advocatetanmoy Law Library

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • More
  • Click to share on Tumblr (Opens in new window)
  • Click to share on Skype (Opens in new window)
  • Click to share on Reddit (Opens in new window)
  • Click to share on Pocket (Opens in new window)
  • Click to share on Pinterest (Opens in new window)
  • Click to share on Telegram (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
image_printPrint

It is well-known that the concept of judicial independence in this country owes its origin to the development of this concept in England. In England for centuries that Monarch was the repository of all powers and the courts set up by him were accountable to none except him, he being an integral part of the system of administration of justice. This was a purely executive arrangement. However, during the 17th century things began to change following a clash between the Monarch and the Parliament, each vying for supremacy. In this tussle for supremacy both sought cover under law which brought the judiciary into sharp focus since it alone was competent to demarcate the functional boundaries between the privileges of the Crown and those of the Parliament. It is this situation which gave birth to the doctrine of judicial independence. Both the Crown and the Parliament realised the significance and the value of an independent judiciary. Yet the English Parliament was not prepared to loosen its grip over the judiciary and it fell to the lot of Chief justice Coke to assert the functional freedom of the judiciary.

When Parliament realised that the Crown was able to assert because of the pleasure doctrine, it enacted the Settlement Act of 1700 whereby security of tenure was provided by making it subject to good behaviour and removal upon address by both Houses of Parliament. Judges’ salaries were to be ascertained and established. Thus the judiciary in England became independent of the Crown as well as the Parliament. But the situation was different in British colonies. Even though the English judiciary secured independence, neither the Crown nor the Parliament was prepared to concede it to the colonies. In 1759 when the Pennsylvania Assembly enacted a law requiring an address of the Assembly for removal of a Judge, the Privy Council disapproved of the measure as an attempt to make the judiciary dependent on the Colonial Assembly.

Since the British Parliament was supreme and could enact a law concerning colonies which would not be subject to court scrutiny, the unrepresented American colonists suspected British intentions. Hence when they attained freedom they favoured total separation of all the three branches of Government so that each would operate as a check on the exercise of power by the other. The American concept of judicial independence, therefore, differs somewhat from the British concept. Our founding fathers were aware of these developments and, as we shall presently show, they steered a middle course.[Supreme Court Advocates-on-Record Association and another Vs Union of India AIR 1994 SC 268]

image_printPrint

Related

Tags: Dictionary judicial review

Continue Reading

Previous: Separation of Power meaning of
Next: Judicial Appointment in Superior Judiciary

Updates

Epistle of Epicurus to Herodotus (260BCE) 1

Epistle of Epicurus to Herodotus (260BCE)

Will of Epicurus (270 BCE) 2

Will of Epicurus (270 BCE)

Epicurus and his 40 Doctrines (300 BCE) 3

Epicurus and his 40 Doctrines (300 BCE)

Legal and Social Doctrines legal article 4

Legal and Social Doctrines

National Hydrogen Mission in 2021 to develop Hydrogen as a fuel for transportation Home-ministry 5

National Hydrogen Mission in 2021 to develop Hydrogen as a fuel for transportation

Indian DIKSHA platform for providing quality e-content for school education in States/UTs Government of india 6

Indian DIKSHA platform for providing quality e-content for school education in States/UTs

RBI Integrated Ombudsman Scheme-2021 7

RBI Integrated Ombudsman Scheme-2021

CONSTITUTION IPC CRPC CPC EVIDENCE DV POCSO IT IP TP JUVENILE CONTRACT SPECIFIC RELIEF CONSUMER ARBITRATION COMPANY LIMITATION FAMILY LAWS POLLUTION CONTROL BANKING INSURANCE

DOCUMENTS GLOSSARIES JUDGMENTS

  • E-Books 2022  More Documents

Search Google

  • BIBLIOGRAPHY
  • HISTORY
  • PHILOSOPHY
  • RELIGION
  • HINDU LAW
  • HUMAN RIGHTS
  • ENVIRONMENT
  • MEDICAL
  • MUSLIM LAW
  • Contact Us
  • About
  • Disclaimers
  • RSS
  • Privacy Policy
  • Forum
© Advocatetanmoy by Law library.